Modification of the Doctrine of Intertemporal Law to Intergenerational Equity
摘要
This chapter illustrates that the existing doctrine of intertemporal law, described in Chap. 6 , cannot be applied par for par to the concept of intergenerational equity due to formal as well as substantial reasons. Particularly, the inherently intertemporal nature of intergenerational equity as well as the irreversible impacts of most intergenerational violations require a shift of perspective with regard to intergenerational equity. This chapter establishes a modified doctrine of intertemporal law that is adequately applicable to disputes on intergenerational equity. The main component of this modification is the necessary shift of perspective that results in a future-oriented perspective on intergenerational equity: Instead of awaiting future legal developments of the norm and then retrospectively applying them to a future dispute, the modified doctrine requires taking into account future developments of intergenerational equity in the resolution of intergenerational disputes, already today. In order to overcome predictable objections to this hypothesis, the chapter suggests different possibilities on how to take such future developments into account and refers, inter alia, to the two manifestations of intergenerational equity, illustrated in Chaps. 2 and 4 .